Common use of Proportionate Amounts Clause in Contracts

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments assigned, except that this subsection (b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Repay Holdings Corp), Credit Agreement (Apollo Medical Holdings, Inc.), Credit Agreement (Apollo Medical Holdings, Inc.)

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Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments portion of such Xxxxxx’s Commitment assigned, except that this subsection subpart (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among with respect to separate Commitments facilities on a non-pro rata basis.

Appears in 7 contracts

Samples: Credit and Security Agreement (Ultralife Corp), Credit and Security Agreement (AvidXchange Holdings, Inc.), Credit and Security Agreement (Universal Logistics Holdings, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advance or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 7 contracts

Samples: Credit Agreement (Interpublic Group of Companies, Inc.), Credit Agreement (Td Synnex Corp), Credit Agreement (Hexcel Corp /De/)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments and Loans assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basisbasis as between its Revolving Commitment and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loans, on the other the hand.

Appears in 7 contracts

Samples: Credit Agreement (AdaptHealth Corp.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advance or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments facilities on a non-pro rata basis.

Appears in 7 contracts

Samples: 364 Day Credit Agreement (Stanley Black & Decker, Inc.), Five Year Credit Agreement (Eastman Chemical Co), 364 Day Credit Agreement (Stanley Black & Decker, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Loan or the Revolving Credit Exposure or the Commitments Commitment assigned, except that this subsection (b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.;

Appears in 7 contracts

Samples: Credit Agreement (TTEC Holdings, Inc.), Credit Agreement (TTEC Holdings, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments classes on a non-pro rata basis.;

Appears in 6 contracts

Samples: Credit Agreement (Gray Television Inc), Credit Agreement (Gray Television Inc), Credit Agreement (SYNAPTICS Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Credits on a non-pro rata basis.

Appears in 6 contracts

Samples: Credit Agreement (AlTi Global, Inc.), Credit Agreement (AlTi Global, Inc.), Credit Agreement (Limbach Holdings, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments assigned, except that this subsection (b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments or Classes on a non-pro rata basis.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (CareTrust REIT, Inc.), Credit Agreement (Pennant Group, Inc.), Credit Agreement (PACS Group, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not apply to (A) rights in respect of Competitive Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.;

Appears in 4 contracts

Samples: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and rights and obligations under this Agreement with respect to the Loansthereto, other Revolving Credit Exposure or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of its outstanding portion of the Loan on a non-pro rata basis.;

Appears in 4 contracts

Samples: Credit Agreement (Green Plains Inc.), Credit Agreement (Green Plains Partners LP), Credit Agreement (Green Plains Partners LP)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 3 contracts

Samples: Credit Agreement (ATN International, Inc.), Credit Agreement (Accuray Inc), Credit Agreement (Yext, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or Loans and/or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 3 contracts

Samples: Credit Agreement (Extreme Networks Inc), Credit Agreement (DoubleVerify Holdings, Inc.), Revolving Credit Agreement (Digi International Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advances or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 3 contracts

Samples: Credit Agreement (Gatx Corp), Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.;

Appears in 3 contracts

Samples: Credit Agreement (MSGE Spinco, Inc.), Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (Madison Square Garden Entertainment Corp.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 3 contracts

Samples: Credit Agreement (Sylvamo Corp), Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (MGM Growth Properties LLC)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments assigned, except that this subsection (b)(iiSection 10.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.

Appears in 3 contracts

Samples: Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure applicable Loan or the Commitments applicable Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 3 contracts

Samples: Loan Agreement (Aaon, Inc.), Loan and Security Agreement (Bluegreen Vacations Holding Corp), Loan Agreement (Aaon, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Revolving Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of the Revolving Loans or Revolving Commitments, on the one hand, or the Term Loans, on the other hand, on a non-pro rata basis.

Appears in 3 contracts

Samples: Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes of Commitments or Loans on a non-pro rata basis.

Appears in 3 contracts

Samples: Credit Agreement (STORE CAPITAL Corp), Term Loan Agreement (Realty Income Corp), Credit Agreement (DiamondRock Hospitality Co)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection (b)(iiSection 9.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Credit Facilities on a non-pro rata basis.

Appears in 3 contracts

Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strategic Education, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments of the applicable Class, and rights and obligations under this Agreement with respect to the Loansthereto, other Revolving Credit Exposure or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 3 contracts

Samples: Incremental Joinder (SS&C Technologies Holdings Inc), Incremental Joinder & First Amendment to Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments assigned, except ; provided that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (E.W. SCRIPPS Co), Credit Agreement (E.W. SCRIPPS Co)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans, other Revolving Credit Exposure or Loans and/or the Commitments Commitment assigned, except that this subsection clause (b)(ii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Boston Beer Co Inc), Credit Agreement (PureCycle Technologies, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Commitments Facilities on a non-pro rata basis.;

Appears in 2 contracts

Samples: Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Commitments Facilities on a non-pro rata pro-rata-basis.;

Appears in 2 contracts

Samples: Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Lender's rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments assigned, except that this subsection (b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Tivity Health, Inc.), Revolving Credit and Term Loan Agreement (Healthways, Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Class of Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes of Loans and Commitments on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments thereto assigned, except that this subsection (b)(iiSection 11.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of its Revolving Commitment (and the related Revolving Loans thereunder) and its outstanding Term Loans on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Guidewire Software, Inc.), Credit Agreement (Docusign, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advances or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Trinity Place Holdings Inc.), Credit Agreement (Trinity Place Holdings Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments facilities on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (TransMedics Group, Inc.), Credit Agreement (Shimmick Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the applicable Loans, other Revolving Credit Exposure or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of its Revolving Commitment (and the related Revolving Loans and other Revolving Credit Exposure thereunder) on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Molina Healthcare, Inc.), Credit Agreement (Molina Healthcare, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement the Loan Documents with respect to the Loans, other Revolving Credit Exposure or Loans and/or the Commitments Commitment assigned, except that this subsection clause (b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Advanced Energy Industries Inc), Credit Agreement (Advanced Energy Industries Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loans, other Revolving Credit Exposure applicable Loan or the Commitments applicable Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments tranches on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (TechTarget, Inc.), Credit Agreement (TechTarget Holdings Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments under the Facilities on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments the revolving credit facility provided hereunder on a non-pro rata basis.;

Appears in 2 contracts

Samples: Credit Agreement (Arthur J. Gallagher & Co.), Credit Agreement (Arthur J. Gallagher & Co.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Commitments revolving credit facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.;

Appears in 2 contracts

Samples: Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Credits on a non-pro non‑pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advance or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments facilities on a non-pro rata basis.. AMENDED AND RESTATED FIVE YEAR CREDIT AGREEMENT

Appears in 2 contracts

Samples: Five Year Credit Agreement (Stanley Black & Decker, Inc.), Credit Agreement (Stanley Black & Decker, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection (b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Loansthereto, other Revolving Credit Exposure or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of its Commitment (and the related Loans thereunder) on a non-pro rata basis.; (iii)

Appears in 2 contracts

Samples: Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate in respect of different Classes of Commitments on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes of Commitments or Loans on a non-pro rata basis.

Appears in 2 contracts

Samples: Term Loan Agreement (Spirit Realty Capital, Inc.), Term Loan Agreement (Realty Income Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection (b)(iiSection 11.1(a)(iii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments tranches on a non-pro rata basisbasis (if any).

Appears in 2 contracts

Samples: Credit Agreement (Forward Air Corp), Refinancing Amendment (XPO, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Commitments revolving credit or term loan facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.; (iii)

Appears in 2 contracts

Samples: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Tanger Properties LTD Partnership /Nc/)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate the Tranche A Commitments, the Tranche B Commitments or the Term Loans on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments assigned, except that this subsection Commitment assigned or (b)(iiB) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among any separate Commitments revolving credit or term loan facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.;

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Nn Inc), Term Loan Credit Agreement (Nn Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Loansthereto, other Revolving Credit Exposure or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of its outstanding Term Loans on a non-pro rata basis.; (iii)

Appears in 2 contracts

Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection (b)(iiSection 11.1(a)(iii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments tranches on a non-pro rata basisbasis (if any).

Appears in 2 contracts

Samples: Incremental Amendment to Credit Agreement (XPO, Inc.), Revolving Loan Credit Agreement (XPO, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments under the different Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments tranches on a non-pro rata basis.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Hni Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations provided hereunder among separate Commitments the Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Toro Co)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection (b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.Section 9.06(b)

Appears in 1 contract

Samples: Credit Agreement (B. Riley Financial, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Individual 5-Year Commitment assigned, except that this subsection clause (b)(iib) shall not (A) apply to rights in respect of Bid Rate Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments facilities hereunder on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (Fuelcell Energy Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the Facility provided hereunder and any separate Commitments term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (Procaps Group, S.A.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Borrowings or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Sundial Growers Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s 's rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments hereunder on a non-pro rata basis.;

Appears in 1 contract

Samples: Loan Credit Agreement (Celanese Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments assigned, Commitment assigned except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.;

Appears in 1 contract

Samples: Delayed Draw Term Loan Agreement (Cousins Properties Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Classes on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Harvard Bioscience Inc)

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Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning |US-DOCS\140878708.9|| all or a portion of its rights and obligations among separate Commitments Tranches on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (ARKO Corp.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Delayed Draw Term Loan Commitments and Initial Term Loans on a non-pro rata basis.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure applicable Loans or the Commitments applicable Commitment(s) assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Legacy Housing Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Revolving Commitment assigned, except that this subsection clause (b)(iiii) shall not apply to rights in respect of a Bid Rate Loan or prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes of Commitments or Loans on a nonnon pro-pro rata basis.

Appears in 1 contract

Samples: Amendment No. 1 to Amended and Restated Credit Agreement (American Homes 4 Rent, L.P.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Loan or the Revolving Credit Exposure or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Revolving Credits on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (BIO-TECHNE Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iib) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among with respect to separate Classes of Loans and Commitments on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Camping World Holdings, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Commitments revolving credit or term loan facilities provided pursuant to Section 2.14 on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (International Money Express, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments assigned, except that this subsection (b)(iiSection 10.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments on a non-pro rata basis.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sila Realty Trust, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment(s) assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments facilities, if any, on a non-pro rata basis.

Appears in 1 contract

Samples: Modification Agreement (Century Communities, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s 's rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Tranches on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (VOXX International Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Term Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities (if applicable) on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Moneylion Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Commitments Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (MGM Resorts International)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments the Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ventas, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations under separate Facilities or among the revolving credit facility provided hereunder and any separate Commitments revolving credit or term loan facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (Fortress Net Lease REIT)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Type of Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Tranches on a non-pro rata basis.

Appears in 1 contract

Samples: Delayed Draw Term Loan Agreement (Park Hotels & Resorts Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except ; provided that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments separately in respect of the Interim Term Loans (or any tranche thereunder) and the Final Term Loans on a non-pro rata basis.

Appears in 1 contract

Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (JOANN Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments the term loan facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.;

Appears in 1 contract

Samples: Incremental Joinder and Amendment Agreement (Ciena Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.. 184

Appears in 1 contract

Samples: Credit Agreement (AMC Networks Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Commitments revolving credit provided pursuant to the second to last paragraph of Section 10.01 on a non-pro rata basis.; (iii)

Appears in 1 contract

Samples: Credit Agreement (Dream Finders Homes, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advances or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.. ​ ​ ​

Appears in 1 contract

Samples: Credit Agreement (Trinity Place Holdings Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes of Loans and Commitments on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Office Properties Income Trust)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Revolving Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of its Revolving Commitment and its Term Loan on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Service Properties Trust)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Loan or the Revolving Credit Exposure or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments classes on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this 135 sf-5537426 Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Alkami Technology, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (AMC Networks Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Revolving Commitment assigned, except that this subsection clause (b)(iiii) shall not (a) prohibit any Lender from assigning all or a any portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basisratable basis or (b) apply to rights in respect of a Bid Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Park Hotels & Resorts Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Borrowings on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Ani Pharmaceuticals Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Loan or the Revolving Credit Exposure or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Postal Realty Trust, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan(s) or the Commitments Commitment(s) assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes of Loans and Commitments on a non-pro pro-rata basis.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, L.P.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments of the applicable Class, and rights and obligations under this Agreement with respect to the Loansthereto, other Revolving Credit Exposure or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.. #95537764v15AMERICAS/2023466857.21 #96465179v1

Appears in 1 contract

Samples: Revolving Facility Amendment to Credit Agreement (SS&C Technologies Holdings Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Tranches hereunder on a non-pro rata basis.; (iii)

Appears in 1 contract

Samples: Credit Agreement (Warner Bros. Discovery, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advance or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and NYDOCS01/1357750.4 obligations among separate the Letter of Credit Facility and the Revolving Credit Commitments on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Classes on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (Cinemark Usa Inc /Tx)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Advance or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.. 101

Appears in 1 contract

Samples: 5 Year Credit Agreement (Marsh & McLennan Companies, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or Loans and/or the Commitments assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments Facilities on a non-pro rata basis.. ​

Appears in 1 contract

Samples: Credit Agreement (DoubleVerify Holdings, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loans or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Commitments credit facilities provided hereunder on a non-pro rata basis.

Appears in 1 contract

Samples: Term Loan Agreement (Andersons, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Commitment assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate in respect of Revolving Loans and Revolving Commitments on a non-pro rata basis.. ​

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments thereto assigned, except that this subsection clause (b)(iiii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments in respect of its outstanding Term Loans on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (Caci International Inc /De/)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loans, other Revolving Credit Exposure Loan or the Commitments Individual Commitment assigned, except that this subsection clause (b)(iib) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Commitments facilities on a non-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

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